Patna High Court
SanjayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the respondents had complied with the earlier order, so no contempt existed and the petition was disposed.
Summary
The petitioner, Sanjay, filed a writ petition seeking contempt proceedings against several officials of the Bihar Education Department, alleging willful disobedience of a court order dated 1 August 2019 in CWJC No. 19243 of 2017. The State counsel produced Annexure‑A, a memo dated 28 September 2020 issued by the District Education Officer, Buxar, which showed that the petitioner had been directed to receive the subsistence allowance, indicating compliance with the earlier order. The court examined whether the respondents had indeed flouted the 2019 order and whether contempt proceedings were warranted. Satisfied that the respondents had complied, the court granted the petitioner liberty to raise any further grievance but dismissed the contempt petition. Consequently, the petition was disposed of without any contempt finding.
Issues considered
- What was the nature of the alleged contempt of the order dated 01‑08‑2019?
- Did the respondents willfully disobey the earlier court order?
- Was initiation of contempt proceedings appropriate in the circumstances?
Subjects
- contempt of court
- writ jurisdiction
- education department
- subsistence allowance
- compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1021 of 2020
In
Civil Writ Jurisdiction Case No.19243 of 2017
======================================================
Sanjay Son of Yogeshwar Prasad, Resident of Village- Nawa Nagar, P.S.-
Nawa Nagar, District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna, namely Sri R.K. Mahajan.
2. The Director, Primary Education, Govenrment of Bihar, Patna, namely Dr.
Ranjit Kumar Singh.
3. The District Education Officer, District- Buxar, namely Shri Vijay Narayan
Singh.
4. The District Programme Officer (Establishment), District- Buxar, namely
Shri Rameshwar Singh.
5. The Block Education Officer, Anchal- Dumraon- 1, District- Buxar, namely
Shri Narendra Upadhyay.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Dubey, Advocate
For the State : Mrs. Binita Singh, SC-28
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 11-03-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“for initiation of contempt proceeding
against the contemnors/opposite parties for their
willful and deliberate disobedience of the order
dated 01.08.2019 passed by the Hon’ble Court
in CWJC No. 19243 of 2017.”
Patna High Court MJC No.1021 of 2020(2) dt.11-03-2026
2/2
3. Learned State counsel has taken this Court to
Annexure-A of the show cause, the order passed by the District
Education Officer, Buxar communicated vide memo no. 380
dated 28.09.2020 by which a decision has been taken against the
petitioner while directing to pay the subsistence allowance.
4. Granting liberty to the petitioner to agitate the
matter, having convinced that the order stands complied, the
MJC No. 1021 of 2020 is disposed of.
(Rajiv Roy, J)
vinayak/-
U
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